1. Purpose: what this process aims to do
Rule 35.1 requires parenting claim information to accompany certain Applications, Answers, and motions to change. It helps the court assess the child’s circumstances and proposed plan.Check: Family Law Rules — 35.1
What it can and cannot do
What it can and cannot do: It supplies information accompanying an Application, Answer, or motion to change that contains a parenting claim. It is not a stand-alone motion or a court date, and it does not replace the evidence and notice needed for a contested hearing.Check: Family Law Rules — Rule 35.1
2. Forms and documents you need
| Document | When you need it | What to include |
|---|---|---|
| Form 35.1 — Parenting affidavitCheck: Official family forms — Form 35.1 — Parenting affidavit | With a pleading or motion to change containing a parenting claim. | Complete the current form’s child, care plan, family history and proceeding questions; swear or affirm it. |
| Form 35.1A — Child protection informationCheck: Official family forms — Form 35.1A — Child protection information | When required by Rule 35.1 and the history. | Complete the applicable child-protection information. Serve and file it separately from the continuing record. |
| Form 14A — AffidavitCheck: Official family forms — Form 14A — Affidavit | Minor correction or change allowed by Rule 35.1(7). | Describe the correction or change and its effect on the child’s plan. |
| Police records check or proof of request | Certain non-parent decision-making claimants. | Check the rule’s 60-day age requirement and 10-day result filing deadline; other claimant-specific documents may also be required. |
Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 35.1
3. Put the package together
How to prepare
- Identify the document containing your parenting claim.Rule 35.1 applies when an Application, Answer, or motion to change a final order contains a claim about decision-making responsibility, parenting time, or contact with a child.Check: Family Law Rules — 35.1
- Prepare Form 35.1.Serve and file the affidavit with the document containing the claim.Check: Family Law Rules — Rule 35.1
- Check whether Form 35.1A also applies.If the child or any party has been involved in a child protection case or has received services from a child protection agency, Rule 35.1(1)(a) also calls for Form 35.1A.Check: Family Law Rules — 35.1(1)(a)
- Check any additional requirements.Rule 35.1 contains further requirements for some non-parent claimants and for certain requests involving a children’s aid society. Read the full rule for your circumstances.Check: Family Law Rules — 35.1
- Correct information promptly.If an affidavit becomes incorrect, incomplete, or its information changes, Rule 35.1(7) requires an updated Form 35.1 or 35.1A, as applicable. For a minor correction or change, it permits a Form 14A affidavit describing it and its effect on the plan for the child.Check: Family Law Rules — 35.1(7)
If you are not a parent and ask for decision-making responsibility: attach a police records check obtained no more than 60 days before starting the claim, or proof that you requested it. If you filed proof of the request, serve and file the result no later than 10 days after receiving it (Rule 35.1(3)–(4)). If a children’s aid society report request is required for your claim, give the court a copy of that request with Form 35.1 (Rule 35.1(5)).Check: Family Law Rules — 35.1(3), 35.1(5)
Where are the page and evidence limits?
Rule 35.1 does not set a general page limit for Form 35.1 or 35.1A. These affidavits accompany the parenting claim. Any later motion affidavit has its own limit under the Superior Court direction; a Case Center upload limit is not an evidence allowance.Check: Family Law Rules — 35.1
4. Get it before the court
Form 35.1 accompanies the parenting claim; it does not book a hearing. Follow the Application, Answer, amendment or motion-to-change route containing that claim. File any required Form 35.1A outside the continuing record.Check: Family Law Rules — Rule 35.1
File the documents through the right channel
Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18
Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33
5. Service, filing and the timeline
The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 35.1
- With the parenting claim.Serve and file Form 35.1 with the Application, Answer, or motion to change containing the parenting claim. Check whether Form 35.1A and other documents are also required.Check: Family Law Rules — Rule 35.1
- After information changes.Rule 35.1(7) requires the applicable updated affidavit promptly when information is incorrect, incomplete, or has changed; a minor correction may be described in Form 14A as the rule permits. Serve and file the update.Check: Family Law Rules — 35.1(7)
- Non-parent police check, if applicable: the check must be recent within the rule’s 60-day window. If you first provide proof of requesting it, serve and file the result within 10 days of receiving it.Check: Family Law Rules — Rule 35.1
Rule 35.1 ties the first affidavit to the claim rather than setting a separate number of days. Check the current Family Law Rules ↗Check: Family Law Rules — 35.1
Filing gate: Rule 35.1(6) directs the clerk not to accept a document without the required parenting affidavit and accompanying documents when the rules require them. Check the package before submitting it.Check: Family Law Rules — 35.1(6)
6. Hot points to remember
- File it with the claim: Do not wait for the first court appearance to deal with the required affidavit.Check: Family Law Rules — Rule 35.1
- Check child protection history: Form 35.1A may apply even when the present case is an ordinary parenting case.Check: Family Law Rules — Rule 35.1
- Keep it current: The update requirement continues after the first affidavit is filed.Check: Family Law Rules — Rule 35.1
- Separate the child protection affidavit: Form 35.1A is served and filed if required, but does not go in the continuing record under Rule 35.1(2).Check: Family Law Rules — 35.1(2)
Scope of this guide
This is a starting guide to the affidavit requirement. The exact accompanying documents depend on the claimant and case history. Check the full current Rule 35.1 and current forms.
Recommended further rules to know
Read the ones that match your next step.
- Starting a case (Rule 8) — if the parenting claim is in an Application.
- Answering an Application (Rule 10) — if it is in an Answer.
- Changing an Application or Answer (Rule 11) — if you add a parenting claim later.
- Changing a final order (Rule 15) — if the parenting claim is in a motion to change.
- Serving documents (Rule 6) — to deliver the claim and affidavits.